Gov. McCrory: Part of coal ash bill ‘may be unconstitutional’

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Coal ash spills into the Dan River. (File photo)

Gov. McCrory: Part of coal ash bill ‘may be unconstitutional’

Coal ash spills into the Dan River. (File photo)

MOORESVILLE, N.C. — Gov. Pat McCrory told WSOC-TV that he is concerned a piece of legislation that would impose restrictions on coal ash ponds might include an action that is unconstitutional.

The bill, which lawmakers passed Wednesday, would set a timeline for cleaning up the state’s coal ash ponds. The House and Senate approved the legislation six months after a spill at a Duke Energy power plant near Eden coated 70 miles of the Dan River in toxic sludge and ignited debate about the safety of 32 other coal ash dumps across the state.

McCrory said he is glad lawmakers took action on coal ash, but cautious about the establishment of an independent commission.

“There is one concern I’ve expressed and that is the formation of a commission that’s appointed by politicians, which frankly have no accountability to anyone and I think may be unconstitutional,” McCrory said.